The legislative powers of the President of India are outlined in the Constitution of India. While the President’s role in the legislative process is mostly ceremonial, there are certain constitutional provisions that require the President’s involvement.
1. Summoning and Proroguing of Parliament:
- The President has the authority to summon both Houses of Parliament at the commencement of each session and to prorogue them at the end of the session. The President can also dissolve the Lok Sabha (House of the People), initiating the process for general elections.
2. Addressing Both Houses:
- The President addresses both Houses of Parliament at the beginning of the first session after each general election and the first session of each year, outlining the government’s policies and programs. This is known as the President’s Address.
3. Dissolution of the Lok Sabha:
- The President can dissolve the Lok Sabha if the Prime Minister advises it. However, this is subject to certain conditions and limitations specified in the Constitution.
4. Assent to Bills:
- Before a bill passed by both Houses of Parliament becomes law, it requires the President’s assent. The President can either give assent, withhold assent, or send the bill back for reconsideration.
5. Referring Bills for Consideration:
- If the President believes that a particular bill, other than a money bill, would be appropriate for reconsideration by Parliament, they can refer it back for reconsideration. However, if Parliament passes the bill again with or without amendments, the President must give assent.
6. Promulgating Ordinances:
- When Parliament is not in session, the President has the power to promulgate ordinances to address urgent matters. However, these ordinances must be approved by Parliament within a specified period.
7. Power in Relation to Money Bills:
- The President has a limited role in the passage of money bills. While the President must give their assent to a money bill, they do not have the power to withhold it or return it for reconsideration.
8. Discretionary Powers:
- While most of the President’s legislative powers are exercised on the advice of the Council of Ministers, there are certain situations where the President can exercise discretion, especially in situations not explicitly covered by the Constitution.
9. Reservation of Bills for Consideration:
- In certain cases, the President may reserve certain bills for consideration by the President after they have been passed by the state legislatures. The President can either give or withhold their assent to such bills.
10. Constitutional Amendments:
- While the President does not have the power to veto constitutional amendments, certain amendments require the President’s prior recommendation.
11. Emergency Powers:
- During a state of emergency (national emergency, state emergency, or financial emergency), the President may have additional legislative powers. This includes the power to issue ordinances.
It’s important to note that the President’s legislative powers are exercised within the framework of the parliamentary system, where the real executive authority lies with the Council of Ministers headed by the Prime Minister. The President’s role in the legislative process is largely guided by the advice of the Prime Minister and the Cabinet.
